The National Land Commission has revised its decisions on historical land injustices, giving a reprieve to three groups of squatters who lost the cases when they were first heard.
The corrections announced by the commission in a Kenya Gazette notice signed by chairman Gershom Otachi have come in handy for Kajulu Kithimo Welfare Association, Makenji squatters in Murang'a and Kimondi Forest squatters in Nandi.
The NLC has also consolidated the cases by Talai and Kipsigis clans into two, retaining its recommendations — among them the suspension of renewal of leases until the matters are resolved.
When the claim by Kajulu Kithimo Welfare Association against the national government was first heard, the grievances were dismissed.
The commission at that time said the claimants did not establish a link to the subject land, therefore, their claim of ancestry failed.
It advised that the Privatisation Commission sets aside land to settle members of the claimants' group who may be landless.
But in the reviewed decision, NLC said the group’s claim was allowed.
The commission has thus recommended the formation of a task force comprising the NLC, Interior ministry and Kisumu county government to review the compensation process.
“This is with a view of determining those who were not compensated and those who were inadequately compensated with a view to resolving the different claims,” NLC said in the new notice.
It further recommended that the NLC spearheads the formation of the said task force and that the Privatisation Commission sets aside land in the sugar firms to settle the residents who may be landless.
For Makenji squatters, their case had been deferred to the next commission but has now been allowed as part of the settlement for Del Monte land.
NLC has joined the group with Kandara Residents Association whose claim against Del Monte Kenya Limited for land in Murang'a county was allowed.
In the ensuing development, the commission has ordered that the director of survey undertake a resurvey in conjunction with the county governments of Murang'a and Kiambu.
The survey is to establish if there is any variance between the land leased and the land the company occupies, part of which would be allocated to the Makenji squatters.
“Any residue should be given or surrendered to the claimants for resettlement and the county government for public purpose in the ratio of 70:30 respectively,” the commission said.
Like in its previous decision, the commission says that should it be found that there is no residue, a suitable amount of land should be set aside and held in trust by the county governments for purposes of resettlement and public utilities.
This would be upon the expiry of the lease to Del Monte, which was further ordered to surrender all public utility within the land to the relevant national and county government agencies whether the leases have expired or not.
For Kimondi Forest squatters, the NLC has directed the Kenya Forest Services to degazette the part promised to the people.
The parcels would be for the settlement of both Kimondi and former Kimondi forest squatters as per the lists of the squatters provided.
NLC further directed that Nandi county government should work with the Lands ministry and other relevant authorities to settle the claimants.
In the case of the Kipsigis and Talai clans, the commission has restated that a resurvey be done on the lands being held by the tea estates.
This will be to determine if there is any residue to be held in trust for the community by the county government for public utilities.
The commission had also recommended that a scholarship fund to educate Talai children to be set up by the multinational companies holding the land.
It also sought that the county government and the multinationals sign an MoU for the multinationals to provide public utilities to the community.
NLC has recommended that the renewal of the leases to these lands be held in abeyance until an agreement is reached with the respective county governments.
It had also recommended that rates and rent on such lands be increased to benefit national and county governments and for all leases to be converted to the constitutional requirement of 99 years.
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